Law:

Section:

Cooperative Societies Act (VII of 1925)--- ----Ss. 16 & 44-D---Constitution of Pakistan, Art.199---Constitutional petition---Bye-laws of Co-operative Society, amendment of---Approval by Registrar---Petitioners assailed order passed by the Provincial Government upholding order under section 44-D of Cooperative Societies Act, 1925, passed by Registrar Cooperative Societies---Validity---Only basis on which amendment resolution by Annual General Meeting of Society could be opposed at the time of consideration under section 16 of Cooperative Societies Act, 1925, was either factual or legal criteria valid on the touchstone of fairness and relevance in relation to cooperative movement and like principles---If case of petitioners would succeed on such criteria there was no ground for the Registrar Cooperative Societies to deny approval pretending that consent given under the order (dated 21-11-2005), was not review able---Both the Registrar Cooperative Societies and Provincial Government were right in holding that exemption from bye-law in question which had imposed embargo on third term of office-bearers of the Society could not be granted---Authorities were wrong in denying Managing Committee of the Society from proposing to its members in General Meeting for amendment of bye-law in question---Request by petitioners that they be allowed interim relief to contest for third term in Annual General Meeting scheduled for 26-2-2012, presumed that a resolution passed by members in general meeting revoking byelaw in question had been approved by the Registrar---High Court declined to make such presumption unless the event so occurred and directed the Registrar to allow the Society to call a special general meeting to consider a proposal by Managing Committee to delete byelaw in question from the Constitution of the Society---Petition was allowed accordingly. ORDER C.M. No.343 of 2012 and Main case UMAR ATA BANDIAL, J.--- The order dated 13-1-2012 by the Secretary Co-operatives ("Secretary") is under challenge in this writ petition for unlawfully upholding the order of the Registrar Cooperative Societies ("RCS") dated 5-11-2011 passed under section 44-D of the Cooperative…

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